Isaul’s Answer

What will happen to H4 if transferred H1 ?

My Spouse is working for Company A, and as current H1/I94 was expiring soon company filed for extension for both of us H1 & H4. Still waiting for the actual approval, I 94 is still valid for few more days.
Now Company B initiated the H1 transfer...

Isaul’s Answer

December 10, 2012 7:27pm

Your H-4 extension is still valid. Just wait for the decision. Best of luck.

My H1B petition was approved on May 23rd Started work with new employer on AUgust 8th. Can I trasnfer petition now?

h1b approved on may 23rd with Employer A
left position with employer A on July 2nd with information that H1b will be revoked immediately
Started work with Employer B assuming I am on OPT
Dec 10th, I find out that I am still on H1B. Can I trasnf...

Isaul’s Answer

December 10, 2012 6:55pm

You went out-of-status when you left Employer A. The facts are unclear as to why you think you are still on H-1B status. You should consult an immigration attorney as soon as possible to determine if your H-1B can be transferred. Best of luck.

H1B petition transfer with cancelled H1B visa at port of entry and I will face any problem at port of entry when i re-enter?

Dear All,
I had valid H1B visa and when I traveled to US and I was stopped by immigration at port of entry Dallas and they cancelled by visa by saying that US embassy issued incorrect visa and they sent me back and said I need to re-apply for H...

Isaul’s Answer

December 10, 2012 4:30pm

1. You would have to contact your company's immigration attorney to resolve this situation.
2. Another employer is always able to petition for an H-1B on your behalf.
3. It should not.

How to bring my fiance back to the US if he was arrested and signed a voluntary depart?

My fiance was arrested for a misdemeanor A in TX (the case was dismissed), Then he signed a voluntary depart in march 2009. Im trying to bring him back, we have a 4 year old daughter and im a US citizen. He had been in the US since he was 1 years ...

Isaul’s Answer

December 6, 2012 8:17pm

After you get married you will have to file an I-130 petition to kick-start the process. Eventually, you will have to file a highly-organized waiver packet showing extreme hardship to you. Contact an immigration lawyer to assist you. Best of luck.

Is my husband, a lawful permanent resident (under 5 years), at risk for being removed from the U.S. with a Class A misdemeanor?

I am a US Citizen and he received his green card less than 5 years ago. Due to the first and only case of domestic violence in our marriage his previously clean record, now charged by the state of Texas with assault on a family member, has him ne...

Isaul’s Answer

December 6, 2012 5:30pm

Since he has been a resident for less than five years and if he gets convicted of a Class A misdemeanor for domestic violence, then he becomes deportable. Contact an immigration lawyer asap. The criminal defense attorney needs to secure something less than a Class A misdemeanor.

Can H4 extension be filed while H4 to F1 change of status is pending?

My H1 and wife's H4 expire on Feb 8th 2013. We have applied for H4 to F1 change of status on Oct 18th and it is pending with VSC.
Can we apply for H1 and H4 extension together now in premium processing? I already have approved I-140 in EB3 cat...

Isaul’s Answer

December 5, 2012 5:57pm

You would have to withdraw the F-1 petition just to be safe. I would recommend that you discuss your situation with an immigration attorney. Best of luck.

L1 to H1 transfer

I applied a L1 to H1B conversion and I got approved on Nov 30 2012. Due to an family emergency I will have to go to my home country this week Dec 9 2012. Should I be quitting my L1 company and joining H1 company now. I talked to my H1 employer ...

Isaul’s Answer

December 5, 2012 4:28pm

Your situation should be fine to go get a visa stamp overseas. Best of luck.